38Revocation of acceptance

38 Revocation of acceptance

(1) Before a trade mark is registered, the Registrar may revoke the acceptance of the application for registration of the trade mark if he or she is satisfied that: (a) the application should not have been accepted, taking account of all the circumstances that existed when the application was accepted (whether or not the Registrar knew then of their existence); and (b) it is reasonable to revoke the acceptance, taking account of all the circumstances. (2) If the Registrar revokes the acceptance: (a) the application is taken to have never been accepted; and (b) the Registrar must examine, and report on, the application as necessary under section 31; and (c) sections 33 and 34 again apply in relation to the application.